If it shall appear that an amount of tax has been paid which was not due under the provisions of this chapter, whether as the result of a mistake of fact or an error of law, then such amount shall be credited against any tax due, or to become due, under this chapter from the taxpayer who made the erroneous payment; provided that no amounts erroneously paid more than three (3) years prior to the filing of a claim therefor, shall be so credited. If a taxpayer under this chapter is unable to use a credit authorized by this chapter solely because the tax imposed by this chapter has been replaced by the tax imposed under subsection 3-3-2A of this chapter then the taxpayer may apply such credit against any tax due under subsection 3-3-2A of this chapter. (Ord. 99-05, 6-14-1999)